Tort law at Mexico
Tort law in Mexico is governed primarily by its civil law tradition, rooted in the Federal Civil Code and supplemented by local civil codes in each of Mexico’s 32 states. The legal framework is influenced by Roman, Spanish, and French civil law traditions and focuses on reparations for harm caused by unlawful acts—whether intentional or negligent.
⚖️ Key Features of Tort Law in Mexico:
1. Legal Framework
The main basis for tort liability in Mexico is found in the Federal Civil Code (Código Civil Federal), particularly in Articles 1910 to 1934.
Each Mexican state also has its own Civil Code, but most follow the general principles set by the federal code.
2. General Principle of Liability
Article 1910 of the Federal Civil Code:
"Whoever, by act or omission, causes damage to another, is obliged to compensate, provided there is fault or negligence."
Liability is based on:
A wrongful act or omission
Fault or negligence
Actual damage or harm
A causal link between the act and the harm
This aligns with the general theory of civil liability: if someone unlawfully causes harm to another, they are required to compensate the injured party.
3. Types of Torts Recognized
Personal Injury (e.g. traffic accidents, medical malpractice)
Property Damage (destruction or harm to physical or intellectual property)
Moral Damages ("daño moral"): non-pecuniary harm such as emotional distress, humiliation, loss of reputation
Economic Loss (if directly linked to a tortious act)
4. Moral Damages (Daño Moral)
Recognized and compensable under Article 1916 of the Federal Civil Code.
Moral damages include emotional or psychological suffering, damage to honor, reputation, or private life.
No need to prove economic loss to claim moral damages.
Courts can award compensation based on the seriousness of the damage and the circumstances.
5. Strict Liability
Article 1913 introduces strict (objective) liability for:
Use of dangerous mechanisms or substances (e.g., explosives, vehicles, hazardous chemicals)
Employers for damage caused by their employees during work-related activities
No need to prove fault—just the occurrence of damage and causality.
6. Professional and Product Liability
Professionals (doctors, engineers, etc.) may be held liable for harm caused by negligence in their services.
Manufacturers and sellers can be held liable for defective products under strict liability principles and consumer protection laws (PROFECO).
7. Compensation and Damages
Material Damages: Medical bills, loss of income, property repairs
Moral Damages: For non-economic suffering
Future Damages: E.g., future loss of earnings or medical costs in permanent disability cases
Mexican courts have discretion in setting compensation based on the facts and severity of the harm.
8. Employer Liability
Employers are vicariously liable for employees’ torts if committed in the course of employment (Article 1917).
Employees can also be personally liable in some cases.
9. Defenses in Tort Law
Contributory negligence: If the victim partly caused the harm, compensation may be reduced.
Consent: Voluntary acceptance of risk may limit liability.
Force majeure (caso fortuito): Unforeseeable, uncontrollable events may exempt a party from liability.
10. Statute of Limitations (Plazos de Prescripción)
The general limitation period for tort claims in Mexico is 2 years, counted from the date the damage occurred or became known.
For moral damages, it may vary slightly by state law.
11. Consumer Protection and Tort Law
The Federal Consumer Protection Law (Ley Federal de Protección al Consumidor) provides remedies for harms caused by defective goods or services.
The consumer agency PROFECO can assist victims and penalize businesses.
Summary Table:
| Element | Key Feature |
|---|---|
| Legal Basis | Articles 1910–1934 of Federal Civil Code |
| Fault-Based Liability | Yes |
| Strict Liability | Yes (dangerous activities, employer liability) |
| Moral Damages Recognized | Yes |
| Limitation Period | 2 years (general) |
| Damages Covered | Economic and non-economic |
| Vicarious Liability | Yes (employers) |
| Consumer Protection | Yes (via PROFECO) |
✅ Conclusion:
Tort law in Mexico provides a strong framework for compensating victims of wrongful or negligent acts. The law distinguishes between fault-based and strict liability, and recognizes both material and moral damages. If you're involved in a tort matter in Mexico, it's often essential to consult a local attorney due to variations in state codes and evolving court interpretations.
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